territorial principle

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      The territorial principle (also territoriality principle) is a principle of public international law which enables a sovereign state to exercise exclusive jurisdiction over individuals and other legal persons within its territory. It includes both the right to prosecute individuals for criminal offences committed within its borders, as well as the right to arrest and apprehend individuals within its territory. Its corollary bars states from exercising jurisdiction within the territory of other states without their express consent, unless such an exercise can be based on other principles of jurisdiction, such as the principle of nationality, the passive personality principle, the protective principle, and possibly, the principle of universal jurisdiction.
      The Lotus case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled, by a bare majority, that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence, even though the incident happened beyond Turkey's boundaries. This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens.
      Questions have surfaced regarding how the territoriality principle applies with the rise of globalization and the Internet. The applicability of this principle was in question with the case against Augusto Pinochet and other cases of transnational justice.


      See also


      Ad coelum
      Jurisdiction (area)
      Ratione soli


      References

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    Territorial principle - Wikipedia

    The territorial principle (also territoriality principle) is a principle of public international law which enables a sovereign state to exercise exclusive jurisdiction over individuals and other legal persons within its territory. It includes both the right to prosecute individuals for criminal offences committed within its borders, as well as the right to arrest and apprehend individuals within its territory. Its corollary bars states from exercising jurisdiction within the territory of other states wi…

    Territorial principle | international law | Britannica

    According to the territorial principle, states have exclusive authority to deal with criminal issues arising within their territories; this principle has been modified to permit officials from one state …

    Principles Of Jurisdiction In International Law

    Under international law, the territoriality principle is a doctrine allowing states to exercise exclusive jurisdiction over events and activities that take place within their borders. It enables them to legislate and adjudicate decisions regarding …

    Territoriality | Cardinal Principles of Criminal Law

    Jan 12, 2025 · Territoriality means that a state's criminal laws are enforceable only within its territorial jurisdiction. Acts committed outside the boundaries of a state are generally not …

    The Territoriality Principle | Jurisdiction in International Law ...

    Jan 1, 2009 · This chapter explores the historical and current applications of the territoriality principle, which is the most basic principle of jurisdiction in international law. It compares the …

    Territorial Integrity - The Princeton Encyclopedia of Self …

    The principle in Article 2.4, and with it the concept of territorial integrity, is repeated and elaborated on in important declarations of the UN General Assembly, including the Friendly …

    The Territorial Principle - Oxford Academic

    May 19, 2022 · The territorial principle—that a state has authority to legislate and adjudicate concerning acts, things and events in its territory—is the dominant form of criminal jurisdiction …

    Theories of State jurisdiction: Territoriality, nationality and ...

    Jan 20, 2024 · To govern this expansive domain are three foundational theories—Territoriality, Nationality, and Protective Principles—each shaping the landscape of how states wield their …

    On the Territoriality Principle in Public International Law

    Jul 24, 2018 · In public international law, the territoriality principle generally means that types of state action directly benefiting the acting state are effective only within the territory of that …

    Territorial integrity - Wikipedia

    Territorial integrity is the principle under international law where sovereign states have a right to defend their borders and all territory in them from another state.